Legal Opinion
In Re Corporate & Leisure Event Productions, Inc.
United States Bankruptcy Court, D. Arizona
Decided September 5, 2006No. 06-bk-01797-PHX-RJHPublishedCited by 12 opinions
1Opinion of the Court
AMENDED OPINION DENYING RECEIVER’S FIRST MOTION TO DISMISS.
RANDOLPH J. HAINES, Bankruptcy Judge.
The issue here is who, if anyone, may file a Chapter 11 petition for a Debtor after a state court has appointed a Receiver for the debtor, enjoined the Debtor from filing a bankruptcy petition, and removed the Debtor’s corporate officers and directors. The Court concludes that federal bankruptcy law preempts state law and remains available to an eligible debtor and its constituents notwithstanding creditors’ use of state law remedies in an attempt to bar the bankruptcy courthouse door.
The Court…
2Cases cited29 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- United States v. KrasSupreme Court of the United States · 1973
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
24 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Comscape Telecommunications, Inc.United States Bankruptcy Court, S.D. Ohio · 2010
- Sino Clean Energy, Inc. v. Robert SeidenCourt of Appeals for the Ninth Circuit · 2018
- In re Lake Michigan Beach Pottawattamie Resort LLCUnited States Bankruptcy Court, N.D. Illinois · 2016
- In Re Automotive Professionals, Inc.United States Bankruptcy Court, N.D. Illinois · 2007
- In Re Orchards Village Investments, LLCUnited States Bankruptcy Court, D. Oregon · 2009
7 more not listed; retrieve them via the Exa API.